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DECREE No

DECREE No.50-CP OF JULY 26, 1995 OF THE GOVERNMENT ON THE LIVELIHOOD ALLOWANCE FOR PUBLIC EMPLOYEES IN THE COMMUNES, WARDS AND TOWNSHIPS

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;

At the proposal of the Minister-Chairman of the Government Commission on Organization and Personnel, and the Minister of Finance,

DECREES:

Article 1- To define the number of personnel for Party and administration work in the communes, wards and townships (hereafter referred to as communes) eligible for livelihood allowances as follows:

- For less than 5,000 inhabitants: 12 personnel.

- From 5, 000 to less than 10,000 inhabitants: 14 personnel.

- From 10,000 to 15,000 inhabitants: 16 personnel.

- From above 15,000 to 20,000 inhabitants: 18 personnel.

- From 20,000 upward: up to a maximum of 20 personnel.

- For a commune in the mountainous area, offshore island, on the border, in remote and not easily accessible area: from 12 to 16 personnel.

- For a township and ward: from 12 to 15 personnel.

In the light of the above guideline, the People's Committee in the provinces and cities directly under the Central Government shall base themselves on the characteristics of the population, land area, terrain (complicated and with difficult access), the economic, social and political security situation and the budget source of the locality and under the guidance of the Government Commission on Organization and Personnel, to set the concrete number of personnel suitable for each category of commune in the province.

Article 2.-

1. The monthly livelihood allowance for the personnel of Party and administration and mass organization work is set at the following rates:

a/ The Secretary of the Commune Party Committee, the Chairman of the Commune People's Council (where the Secretary of the Party Committee does not cumulate this function), the President of the Commune People's Committee: 200,000 (two hundred thousand) Dong/month.

b/ The Deputy Secretary of the Commune Party Committee, the Vice-Chairman of the Commune People's Council, the Vice-President of the Commune People's Committee, the Chief of the commune armed force, the Chief of the commune security force: 180,000 (one hundred and eighty thousand) Dong/month.

c/ The Heads of the commune people's organizations: the Fatherland Front, the Women's Union, the Ho Chi Minh Communist Youth Union, the Peasants' Association and the War Veterans' Association: 180,000 (one hundred and eighty thousand) Dong/month.

d/ The professional and other titles in the Commune People's Committee: 160,000 (one hundred and sixty thousand) Dong/month.

2. The persons mentioned at Point 1 if re-elected to the same post for a second term (after five years and more) shall receive an additional monthly allowance representing 5% of the livelihood allowance which he/she is receiving.

Article 3.- The employees who are retired under Decision No.130-CP of June 20, 1975 of the Government Council, and Decision No.111/HDBT of October 13, 1981 of the Council of Ministers shall receive allowances as follows:

1. The Secretary of the Commune Party Committee, and the President of the People's Committee: 100,000 (one hundred thousand) Dong/month.

2. The Deputy Secretary of the Commune Party Committee, the Vice-President of the Commune People's Committee, the Chief of the commune armed force, the Chief of the commune security force: 90,000 (ninety thousand) Dong/month.

3. Other titles: 80,000 (eighty thousand) Dong/month.

Article 4.- From the date of issue of this Decree, the commune personnel who have worked at the commune for five consecutive years and more, who have not been disciplined by warning and heavier sanctions, shall receive a lump-sum allowance when they retire. The level of this allowance shall be based on the number of years of their work at the commune, one month's allowance for each year of work computed on the basis of the level of livelihood allowance he/she is receiving, including the allowances mentioned in Item 2, Article 2 (if any). The President of the People's Committee of the immediate higher level shall decide the allowance granted to the personnel eligible for a lump-sum allowance.

Article 5.- With regard to the persons who are benefiting from the regime of pension, loss of working capability, or pension under the lump-sum allowance scheme, shall also receive the monthly livelihood allowance defined in Article 2 of this Decree if they have worked as commune personnel. But when they cease to work at the commune, they are not entitled to the allowance defined in Article 3 and Article 4 of this Decree.

Article 6.- Expenditures for the livelihood allowances defined in this Decree shall be defrayed by the commune budget. Any shortfall shall be made up by subsidies from the budget of the higher level.

Article 7.- The Ministry of Finance and the People's Committees in the provinces and cities directly under the Central government shall have to provide effective guidance for the drafting of the commune budget so that the commune may have the financial sources to spend on the allowances to the commune personnel. The people's organizations in the commune should strive to increase their revenues in order to ensure the expenditures for their organizations and spare part of the State subsidies.

Article 8.- This Decree takes effect from July 1st, 1995, and replaces Decree No.46-CP of June 23, 1993 of the Government.

Article 9.- The Government Commission on Organization and Personnel shall provide detailed guidance for the implementation of this Decree.

The Ministers, the Heads of the ministerial-level agencies, the Heads of the agencies attached to the Government, and the Presidents of the People's Committees in the provinces and cities directly under the Central Government shall have to implement this Decree.

On behalf of the Government

For the Prime Minister

Deputy Prime Minister

PHAN VAN KHAI